How to fill out a work book. How long does it take to fill out a work book on employment? There is a record of work in the work book
In the previous publication of the cycle we announced, you learned how to start a work book and what entries must be made when it is drawn up on the title page. In the article brought to your attention, we decided to highlight the basic rules for making entries in the work book when filling out the sections "Information about work" and "Information about the award".
General rules for making entries
Before proceeding to the characteristics of specific entries in the work book, we note the most general rules that are established by two normative legal acts already known to you - the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by the Decree of the Government of the Russian Federation of 04.16. 2003 No. 225 (hereinafter referred to as the "Rules") and Instructions for filling out work books, approved by Decree of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 (hereinafter referred to as the "Instruction"):
Rules for entering information about work in the work book
Job details for an organization start with hiring data. Consider the basic rules for entering this information.
What information is included when applying for a job?
When an employee enters the main place of work for a period of more than 5 days, the employer is obliged to make an employment record in his work book (submitted by the employee or drawn up by the same employer when hiring an employee for whom this main place of work is the first).
When applying for a job, you must adhere to such a sequence:
1. First, in the 3rd column of the section "Information about the work" in the form of a heading (without indicating the serial number and date of entry), the full name of the organization, as well as the abbreviated name of company (if any) in accordance with its constituent documents (charter, memorandum of association, regulations).
In large companies, the following approach is often used to facilitate the job of making multiple entries for a job. A special stamp is ordered with typesetting text containing the name - full and abbreviated - of the organization. The imprint of such a stamp in the work book replaces the entry made by hand. It is also advisable to do this in cases where the indication in the work book of two options for the name of the organization (full and abbreviated) by hand takes up many lines.
2. Under the above heading in the 1st column is put by hand (hereinafter all entries are made only by hand) the sequence number of the entry being made . For example, if the last (previous) number of the dismissal record was "31", then the next serial number is assigned - "32" upon subsequent employment.
4. Then in the 3rd column is done a record of acceptance or appointment to a structural unit of the organization indicating it, the name of the position (job), specialty, profession, indicating qualifications .
Usually, title of position (job), specialty, profession with indication of qualifications produced in accordance with the staffing table - a document that should be in every organization in without fail. However, if, in accordance with federal law, the provision of benefits or the presence of restrictions is associated with the performance of work in certain positions, specialties or professions, then the name of these positions, specialties or professions and qualification requirements to them must comply with the names and requirements provided for by the relevant qualification guides approved in the manner prescribed by the Government of the Russian Federation. Currently operating:
- Qualification directory of positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of Russia dated August 21, 1998 No. 37, and
- The Unified Tariff and Qualification Handbook of Works and Professions of Workers, separate issues of which were previously approved at different times by resolutions of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions, and general provisions were approved by the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated January 31, 1985 No. 31 / 3-30.
Note! If these rules are ignored, the employee may have difficulties in assigning a pension, including with regard to offsetting the period of work in positions (by profession or specialty) associated with harmfulness: employees of the territorial branch of the pension fund may refuse to offset the corresponding period as a preferential referring to the fact that in the lists of positions, specialties and professions, according to which they grant the right to preferential accrual, this position (specialty or profession) is not.
In addition, in practice it is important to understand which names refer to positions and which to professions. Unfortunately, often the persons responsible for maintaining work books do not distinguish between work by position and profession and make, for example, the entry: “A locksmith has been hired,” although a locksmith is a profession, not a position. The correct entry would be: "Accepted by a locksmith." In order to accurately determine which name is correctly attributed to the position, and which to the profession, you can use the above directories, as well as All-Russian classifier professions of workers, positions of employees and wage categories (OKPDTR), approved by the Decree of the State Standard of Russia of December 26, 1994 No. 367. These documents will help to avoid errors not only when making entries in work books, but also when concluding employment contracts with employees, when issuing orders ( orders) for employment.
Another common practice mistake made when making entries in work books is misuse of the words "accepted" or "appointed". The fact is that appointment to a position can take place in strictly defined cases, namely, only when it is provided for by regulatory legal acts or the charter (regulation) of the organization, for example, heads of branches and representative offices of a legal entity. In all other cases, it is illegal to indicate the appointment to the position. Equally incorrect is the wording "enlisted".
By the way, if the work book belongs to a woman, then the corresponding verbs must be written in the feminine gender: “accepted”, “appointed”.
When making entries in the employment record book, they often misinterpret the requirement that the employment records exactly match the order (instruction) of the employer, reproducing the text of the order (instruction) in the employment record indicating, for example:
- the urgent nature of the contract (“Accepted to the position of assistant secretary under a fixed-term employment contract” or “Accepted to the position of an accountant for a period from 02/01/2010 to 01/31/2011”);
- conditions on the presence of a probationary period (“Accepted to the position of assistant manager with a probationary period of three months”), etc.
Despite the fact that all these details are indeed established by the order (instruction) for employment, their indication in the work book is unacceptable, since it contradicts the Instructions and means a violation of the rules for making entries in the work book. An analysis of the text of the Instruction allows us to conclude that the entry in the employment record book should only include an indication of where and by whom the person was hired, excluding the features of the nature of the work and other conditions of employment with this employer.
5. Finally, the 4th column indicates the name of the organizational and administrative document, on the basis of which an entry was made in the work book about hiring - an order (instruction) or other decision of the employer - indicating its date (first) and number (after the date ).
Example 1
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Semenova E.M. was accepted into LLC Nagatinskaya Zastava as an assistant to the head, which is reflected in the order for employment dated February 11, 2010 No. 023-ls / p. It is necessary to make the following entry in the work book of Semenova E.M.:
What to do with the work book of the old sample?
What if a person comes to your work and brings a work book in a form that was approved earlier than the form that is now applied? You will find the answer to this question in Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, in paragraph 2 of which it is established that work books of a new sample come into effect from 01/01/2004, and work books available to employees of a previously established samples are valid and cannot be exchanged for new ones.
This means that work books issued on the old forms of 1973 are recognized as valid, provided that the employee is hired for the first main job in the period from 01/01/1975 to 01/01/2004. If your employee's work book was entered before 01/01/2004, it is necessary to make entries in it, and not draw up a new work book according to the current form, if there are free lines in the "Job Information" section. When the free space runs out, you should draw up an insert in the same work book, but already on the 2004 form, and further information about the work is subsequently entered into it.
However, making a job entry is only the very beginning of filling out the “Job Information” section of the work book when working in this organization.
What information is entered during the period of labor activity of the employee in the organization?
In the period from the date of employment to the date of dismissal, a number of entries may be made in the "Information about work" section of the employee's work book. Let's consider them in detail.
1. During the period of work in the organization, an employee may be assigned a new category (class or category) . Then, on the basis of the order (instruction) of the employer, it is necessary to make an appropriate entry in his work book (clause 3.1 of the Instruction).
Example 2
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Evseeva E.P. works as a laboratory assistant for assay analysis of the 3rd category at Semeyniy Vrach LLC. By order of February 18, 2010 No. 043-a, she was assigned the 4th category, which was confirmed by the following entry in the “Information about work” section of the work book of Evseeva E.P.:
It is also noted establishment of a second and subsequent profession, specialty or other qualification for an employee, indicating the relevant categories of these professions, specialties or skill levels .
Example 3
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A 3rd category car repairman, P.S. Sergeev, who works at Avtostan CJSC, has been assigned a second profession - an engine tester with the assignment of the 6th category. In the "Information about work" section of the work book, this will be reflected as follows:
2. In the work book records are made of the transfer of an employee to another permanent job with the same employer . Let's see what situations are meant by such a transfer and how to correctly make entries in the work book. According to Part 1 of Art. 72 of the Labor Code of the Russian Federation, the transfer of an employee to another permanent job with the same employer can take place in three cases:
a) when changing the labor function employee (i.e. change of position, profession, specialty, indicating qualifications; assignment of a different type of work). For example, a transfer to another job with the same employer will be an employee promotion;
Example 4
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Legal Counsel of OAO Kiparis Arkadiev V.V. was promoted to the vacant position of Deputy Head of the Legal Department. This is reflected in the workbook as follows:
b) when changing the structural unit;
Example 5
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Accountant of the Accounting and Auditing Department of Uliss LLC Sukhanov A.P. transferred to the labor department wages for a similar position.
in) when changing both the labor function and the structural unit.
Example 6
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Chinareva S.S. hired in the office of Saratsin LLC as a secretary. Subsequently, she was transferred to the Human Resources Department as an Inspector.
Note! If the transfer is temporary, an entry in the employee's work book about such a transfer is not made.
In itself, a change in the salary of an employee, a change in the mode of his work, as well as the transfer of an employee in the same organization to another workplace, to another structural unit in the same locality, an assignment to work on another mechanism, if the employee's labor function does not change, is not considered a transfer and does not require changes to the work book.
3. In case company name changes an appropriate entry must be made in the work book of employees. The fact is that if it is not entered, then a paradoxical situation will result - the employee is accepted into one organization, and when making a record of dismissal, an imprint of the organization's seal will be affixed with a different name. This will allow later, when applying for a pension, to doubt the legitimacy of including the time of work in such an organization in the relevant length of service, as a result of which the employee will most likely be required to submit additional supporting documents - certificates from the place of work, from the state archive, etc. So that such doubts do not arise, it is important to correctly record the renaming of the organization in the work books of all employees in the "Job Information" section:
- in the 3rd column, an entry is made: "Organization such and such has been renamed to such and such since such and such a date." The specified information in this column can also be entered by affixing an imprint of a typesetting stamp containing the corresponding text;
- the 4th column indicates the reason for the renaming - "an order (instruction) or other decision of the employer, its date and number."
We emphasize that changing the name of the organization in itself is not a reason (reason) for terminating employment contracts with employees, therefore, in such a situation, it is impossible to make a record of dismissal!
Example 7
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According to the decision general meeting of participants, drawn up by protocol No. 02 dated 10.02.2010, Limited Liability Company "Premier Consult" from 17.02.2010 was renamed into Limited Liability Company "Consulting Company "Premier". Given that the organization employs more than 1,000 employees, the personnel department ordered a typesetting stamp in advance, with the help of which an appropriate entry was made in the work books of employees (see sample on the next page).
Note! The imprint of the stamp, as well as the entry made manually, must fully fit in the 3rd column of the "Information about the work" section, without affecting the 4th column; otherwise, the entry will be entered incorrectly.
When reorganizing an organization Civil Code The Russian Federation provides for 5 forms of reorganization: merger, accession, separation, separation, transformation), change of ownership of its property (for example, in the case of transfer of property of a municipal enterprise to state ownership) or change in the jurisdiction / subordination of an organization (for example, in relation to a research institute, when the department to which the institute is subordinate changes), this information is also reflected in the work books of employees, if this affects the name of the organization.
According to Part 1 of Art. 75 of the Labor Code of the Russian Federation, when the owner of the property of an organization changes, the new owner has the right, no later than three months from the date of the acquisition of his right of ownership, to terminate employment contracts only with the head of the organization, his deputies and the chief accountant (clause 4, part 1, article 81 of the Labor Code of the Russian Federation). With the rest of the employees, the new owner, on his own initiative, cannot terminate employment contracts.
By virtue of h. 5 Article. 75 of the Labor Code of the Russian Federation, when reorganizing or changing the jurisdiction / subordination of the organization, labor contracts with employees are not terminated.
In all of the above cases, the employment contract may be terminated due to the refusal of employees to continue working (clause 6, part 1, article 77 of the Labor Code of the Russian Federation).
For the employees who remained at work, entries are made in the work books, made by analogy with the entry made in connection with the renaming of the organization (see Example 7).
4. Entry in the employee's work book about changing the name of the position (profession) or structural unit entered in the same way. The basis for making such entries will be an order (instruction) or other decision of the employer on the corresponding renaming.
5. Entries are also made in the work book about military service in accordance with federal law dated March 28, 1998 No. 53-FZ “On military duty and military service”, as well as on the time of service in internal affairs bodies, State fire service of the Ministry of Emergency Situations, institutions and bodies penitentiary system, organs tax police, authorities for control over the circulation of narcotic drugs and psychotropic substances and customs authorities; on the time of study at courses and schools for advanced training, retraining and training of personnel .
Example 8
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Head of the Legal Department of Status LLC Lapina L.I. was sent by the employer for advanced training to the State Academy for Professional Retraining and Advanced Training of Executives and Investment Specialists under the program "Effective Work of the Organization's Legal Service". Upon completion of the training, she was issued a certificate of advanced training dated February 15, 2010 No. 290.
Example 9
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The article is continued in the next issue of the journal: we will explain what information is entered in the work book upon termination of the employment contract, how to reflect information about the award, part-time work. After that, we will move on to a new task - correcting the mistakes made when filling out the work book and making other changes to the records.
Footnotes
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The organization of work on maintaining work books begins with the appointment of a person responsible for this work. It clarifies that the responsibility for organizing work on the maintenance, storage, accounting and issuance of work books and inserts in them rests with the employer represented by CEO. He must, by order, formed in any form, appoint a specially authorized person. At the same time, it is important to indicate in the order who will keep work books in the absence of an authorized person. Some employers resort to the wording that in the event of such a situation, an additional responsible person will be appointed by a separate order of the employer. But one order is not enough. Otherwise, such an action would be in conflict with the prohibition of forced labor.
For specialists in personnel records management, the obligation to maintain work books is spelled out in job description. But often this functionality is entrusted to the chief accountant, office manager - those whose labor functions are not related to maintaining work books. To do this legally, in addition to the order, you should draw up an additional agreement to the employment contract or additionally make changes to the job description.
The second important issue related to work books concerns the acquisition of forms. Often, the employee himself brings the form of the work book to the employer. However, the employer cannot take such a form. According to, the employer is obliged to constantly have the required number of work book forms and inserts in it. He can purchase these forms directly from the manufacturer or from official distributors.
The employer is also responsible for accounting for work books, as well as work book forms and inserts in it. To this end, he must keep an income and expense book for accounting for the forms of the work book and an insert in it, and in addition, a book for recording the movement of work books and inserts in them. The most important thing is to entrust the work to those who should do it.
So, for example, often the employer makes a mistake by delegating the maintenance of the income and expense book to the personnel department, and not to the accounting department. But taking into account all work books and inserts in it in the book of accounting for the movement of work books should be dealt with by the personnel department or the person responsible for maintaining work books.
- in column 1 the serial number of the entry is put;
- column 2 indicates the date of dismissal (termination of the employment contract);
- in column 3, an entry is made about the reason for dismissal;
- column 4 refers to the document on the basis of which the entry was made - an order (instruction) or other decision of the employer, its date and number.
Which wording is more correct: “the employee is fired” or “the employment contract is terminated”?
In 2006, the Labor Code appeared, regulating the general procedure for formalizing the termination of an employment contract. The norm, which directly concerns the entry on the grounds and the reason for the termination of the employment contract, is as follows: “The entry in the work book on the grounds and the reason for the termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article , part of an article, paragraph of an article of this Code or other federal law.
At the same time, it obliges to make an entry in the work book on the grounds for terminating the employment contract with reference to the relevant paragraph of the article of the Labor Code of the Russian Federation. The document provides examples of how this is done: “Dismissed by agreement of the parties, paragraph 1 of Article 77 Labor Code Russian Federation" or "Fired of his own free will, paragraph 3 of article 77 of the Labor Code of the Russian Federation."
There is a contradiction. How to do it right?
It is necessary to be guided by the norms of the higher act. In this case, it is the Labor Code. The use of the norms of the Decree of the Ministry of Labor No. 69 will be regarded as a violation of federal law.
According to Evgenia Konyukhova, a leading expert-consultant on labor legislation and personnel records management, if we proceed from the fact that the Labor Code is higher in legal force than the Decree of the Ministry of Labor, then it is more correct to use the wording “employment contract terminated”, “employment contract terminated”.
It is important to understand the difference between these two terms - "terminated" and "terminated".
"Termination" implies the lack of initiative of both the employee and the employer (that is, the circumstances have developed - for example, the term of the employment contract has expired). The term "termination" is used when there is an initiative of one of the parties. The procedure for terminating an employment contract is prescribed.
When registering the dismissal of an employee at the initiative of the employee, reference should be made to, which uses the term "termination of the employment contract". In this regard, there is an explanation: “Upon termination of the employment contract on the grounds provided for in Art. 77 of the Labor Code of the Russian Federation (with the exception of cases of termination of the employment contract at the initiative of the employer and due to circumstances beyond the control of the parties (paragraphs 4 and 10 of this article), an entry is made in the work book about the dismissal (termination of the employment contract) with reference to the corresponding paragraph of part one said article."
Upon dismissal of an employee, all entries made in the work book during the time of work with a particular employer must be certified by the signature of the employer or the person responsible for maintaining work books, the seal, the signature of the employee.
The deadline for making an entry on the transfer in the work book and in the employee's personal card is 06/13/2017
When is it necessary to make an entry about a permanent transfer in the work book and in the employee's personal card?
In accordance with paragraph 10 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 "On work books" (hereinafter referred to as the Rules), all records of the work performed, transfer to another permanent work, qualifications, dismissal, as well as the award made by the employer, are entered in the work book on the basis of the relevant order (instruction) of the employer no later than a week, and upon dismissal - on the day of dismissal and must exactly correspond to the text of the order (instruction).
According to paragraph 12 of the same Rules, with each entry made in the work book about the work performed, transfer to another permanent job and dismissal, the employer is obliged to acquaint its owner against signature in his personal card, in which the entry made in the work book is repeated. The deadline for making an entry in a personal card is not set.
As you can see, the employer has a week to make an entry about a permanent transfer in the employee's work book. It makes sense to immediately repeat this entry in the employee's personal card and familiarize the employee with it against signature.
Date of last revision: 20.08.2018
This is a reference book for every employer. It discusses in detail many issues of filling out work books, correcting entries, accounting for work books, and provides sample entries for a variety of cases. If you have ever come across a more complete book on this subject, please let us know. We have not met...
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Is it possible to first establish a non-maximum probation period for an employee (allowable under Article 70 of the Labor Code of the Russian Federation), and then, if necessary, extend it within the period allowed by the code?
15.05.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Translation according to production needs
We have an executive secretary in our organization. Recently, our computer operator quit. The director forced him to issue an order to transfer the secretary to the position of a computer operator "for operational reasons to prevent downtime." Now the head of the archive is going on vacation, the director demands that the secretary be transferred to her position. The secretary objects. Do we have the right to make such transfers without the consent of the employee?
18.04.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → How to legalize a combination that was not executed on time and other additional work?
A typical situation that personnel officers face today everywhere: a personnel officer gets a new job and discovers that the employee was entrusted with additional work (combining positions or another under Article 60.2 of the Labor Code of the Russian Federation), the employee performed it and received an additional payment, but this does not formalized. There are no agreements, whether there was an order is unknown, now it has not been found. What to do? How can I formalize and legitimize all this in hindsight?
11.04.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → A combination of positions is being made. Should the joint position be on the staff list?
Is it possible to entrust an employee with a combination of positions if the assigned position is not in the staff list? Or is it better to first introduce it into the staffing table, and then draw up a combination?
04.04.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → The cleaning lady was given room for cleaning. How best to arrange?
“The worker was cleaning 7 rented premises of the company. It was written in her employment contract: "cleaning of premises No. 1a, 1b ... at the address ..." (that is, they were all named), for which a salary (salary) was set in the amount of the minimum wage. The company has now rented two more premises. Their cleaning will be entrusted to the same worker. How best to arrange it? As changes to the employment contract or as additional work under Art. 60.2 (expansion of service areas or increase in scope of work)?”
02.04.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Assign each employee to clean their unit ...
The employer has the right to enter in the job (production) instructions of employees the obligation to clean the territory of the unit, if there was no such obligation in the instructions when hiring?
01.04.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Part-time job for a secretary: how to apply?
The secretary will work in his own organization as an archivist on Tuesdays and Fridays after the end of the working day. Can this be framed as a combination of positions, expansion of service areas or part-time?
26.03.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Check if you forgot to indicate the TIN in the employment contract. If you forgot, you need to fix it!
Employment contracts do not specify TIN. Is this a violation? If yes, how to fix?
21.03.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → This is not a translation, but an agreement is needed
The employee received the II group of disability. Brought a medical report. Does the employer need to conclude an agreement with her and issue an order for her transfer (to a 7-hour working day)?
20.03.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → What type of additional work to choose to replace the vacationer?
What is better / more correct to issue in the case when the work of a vacationer is entrusted as additional to another employee: fulfilling the duties of an absent employee, combining positions (professions), expanding service areas, increasing the amount of work?
18.03.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Changing the terms of employment contracts with employees of an individual entrepreneur
I AM - individual entrepreneur. The landlord notified me that the opening hours of the business center are changing in a month. Now I have to change my office hours for my office workers. When should I notify employees about changes in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions?
13.03.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Notification of the expiration of the combination
The employee was assigned additional work in the order of combining positions. The agreement stipulated a deadline of one month. The month is coming to an end. Do we need to give the employee three days' notice?
05.03.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Part time job for the director
We are a small company, a limited liability company. hired director. He needs to get a part-time job in another company. Is this allowed by law?
04.03.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Is it possible to change the conditions for performing additional work?
Is it possible to change its conditions (term, volume, content, amount of additional payment) in the process of performing additional work by an employee (which has already been duly assigned to him)?
27.02.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Changing the terms of employment contracts during reorganization
In connection with the structural reorganization of production at the initiative of the employer, the terms of labor contracts with employees are changing. Employees were warned about this in writing. However, not all employees agree to the changes. What should the employer do in this case?
18.02.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Making a temporary transfer permanent
Turning a temporary transfer into a permanent one due to the mistakes of the employer. Turning a temporary transfer into a permanent one by agreement of the parties.
05.02.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Record of part-time employment in the work book
We arrange an internal part-time employee. Should we make an entry about this in the work book? He makes no wishes.
31.01.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Director forbids part-time
Some of our employees (programmers) take part-time jobs "on the side", which they do at night. This affects their performance. Can I, as a director, prohibit the employees of my LLC from working part-time in other organizations?
24.01.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → A worker with many children wants to work indefinitely
The employee turned to the director with a question about the transition from a fixed-term employment contract to an "indefinite" one due to the fact that she is a mother of many children. Allegedly with large families it is impossible to conclude temporary contracts. Is there really such a rule? We simply will not have a job for this worker, because in two months, the main employee, whom she replaces, will leave the vacation.
21.01.2019
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → The unit moves to another area
We are planning to move one unit (warehouse) to a neighboring city. How can we formalize the transfer of employees to this separate division? Will it be a transfer together with the employer to another locality?
27.12.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Shortage of doctors in the hospital as a basis for the transfer of doctors from the clinic without their consent
Usually the clinic and hospital form one entity. If there is a shortage of doctors in one unit (for example, in a hospital, doctors fell ill), the missing staff is transferred from the clinic. Accordingly, if there is a shortage of doctors of some specialization in the clinic, they can be transferred from the hospital. For a while.
It is good if this happens by mutual agreement between the employee-doctor and the employer. What if the doctor is against it?
05.12.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Translation of a pregnant worker: practical issues
1. A pregnant employee asked to be transferred to another job. But at the moment we don't have a suitable job. What to do in such a situation? 2. According to Art. 254 of the Labor Code of the Russian Federation, a pregnant woman should be transferred to work that excludes the impact of adverse production factors. The current work of a pregnant employee does not exclude the impact of adverse production factors. The employer offered her a transfer to the appropriate vacant positions. She refused, she did not write any applications for transfer. There are no other vacancies. In this case, what should the employer do in order not to violate the law: release from work with the preservation of average earnings, without saving the average earnings (after all, another job was provided)? Is it possible to fire her under clause 8, part 1, article 77 of the Labor Code of the Russian Federation? 3. According to Art. 254 of the Labor Code of the Russian Federation “Pregnant women, in accordance with a medical report and upon their application, have reduced production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from their previous job.” Guided by this norm, the pregnant employee demanded to transfer her to another job. We have such work, translation, in principle, is possible. The employer is obliged to comply with the requirement of the employee by virtue of law, even if he does not agree. Is it necessary in this case to conclude a transfer agreement with her (on changing the terms of the employment contract in connection with the transfer)?
03.12.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Temporary transfer mistakenly issued as permanent
The employee was temporarily transferred to another job, but they forgot to indicate the transfer period in the transfer agreement. Can I now amend this agreement and establish that the transfer is temporary?
28.11.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Refusal of additional work at the end of the year
At us one worker combines a heap of duties, naturally, with surcharge. But now he wants to give up extra work, says he is tired. The employer does not agree: there is no one else to carry it out, especially since the end of the year is now. What should an employee do?
28.11.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Filling out a personal card and KUDTK when moving from part-time workers to main employees
The employee moved from external part-time workers to the main employees (due to dismissal from the main job) by amending the employment contract.
How to reflect this in a personal card? There was no record of part-time employment in the work book. We wrote in the work book, as you taught in the article "Entries in the work book when moving from part-time workers to main workers" (Kadrovik-praktik magazine, 2018, No. 4).
What date to write in the book of accounting for the movement of work books and inserts in them (columns 2, 3, 4) - the date the employee handed over the work book and filled it out or the date of hiring part-time and why?
28.11.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → "Temporary" worker becomes permanent
There are 2 full-time logisticians in the department. On the first "unit" one employee is on parental leave, and the second is taken to replace the temporarily absent main employee. The second "unit" is now free, the logistician quit. How to "transfer" a temporary worker replacing the main one at the first "unit" to the vacant position of the second logistician? We can’t transfer from the position of a logistician to the position of a logistician within the department, can we? Does that mean you have to fire and reapply? Or just conclude an additional agreement on changing the term of the employment contract? How right?
06.11.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Changing the mode of operation for a dark period
With the advent of autumn, it began to get dark earlier, and some of our workers asked to change their working hours: slightly shift the beginning and end of the working day and shorten lunch in order to go home early. Someone is afraid to get home in the dark, someone's children complain that their mother comes to the kindergarten at night, in a word, there are good reasons.
Now, according to their employment contracts, their working day begins at 9.00 and ends at 18.00, the lunch break is from 13.00 to 14.00, and they ask to do this: the beginning of the working day at 8.30, ending at 17.00, lunch break from 13.00 to 13.30. We wrote a collective statement addressed to the director about this. The director does not mind meeting women halfway, because the number of working hours per day will not change for them, and their unit can work without being tied to the schedule for receiving clients. But the director does not plan to change the mode of operation of the entire organization and does not want to amend the rules of internal work schedule, because he does not want to advertise this event - it is not necessary for employees of all departments to know that concessions have been made to someone, and everyone will think that they can start asking to change something for themselves, and there will be an extra mess and resentment. The question is: how to change the working hours for our women for a dark period, without touching the rules of the internal labor schedule?
08.10.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Transfer of an internal part-time worker to another position
Our employee works at the main job and also as an internal part-time worker. Now we want to transfer him from the position that he holds on an internal part-time job to another, also on an internal part-time job. Is it possible to make such a transfer or is it mandatory through dismissal - admission?
08.10.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Cancellation of a transfer agreement
The employee has been transferred to a new position. The agreement was drawn up, the employee was familiarized with the order, but from the first day of the transfer, the employee did not go to work, that is, he did not start working in a new position. Can the employer itself cancel the transfer agreement?
02.10.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Temporary transfer or business trip to a branch?
Imagine a situation. There is a parent organization and branches. In one branch (No. 1), the only lawyer goes on vacation for 2 weeks. It is proposed to take one lawyer from another branch (No. 2) (there are two of them) and send him on a business trip to branch No. 1 in order to replace him during his vacation. He agrees. Branches in neighboring cities, so he can only come home to his city on weekends. Should this be done as a transfer or as a business trip?
21.09.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Part-time employment during maternity leave at the main job: opinions of lawyers and Rostrud
Can a woman during maternity leave at her main job (programmer) continue to work part-time (webmaster) remotely? Will she lose her maternity allowance at her main job in this case? Or is she also required to take maternity leave at part-time work?
21.09.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Medical examination passed. The employee was declared "unfit". What to do next?
The labor legislation of the Russian Federation provides for several options for "unfitness":
1) is completely unable to work;
2) in accordance with a medical opinion, needs a temporary transfer to another job for a period of up to 4 months;
3) in accordance with a medical opinion, needs a temporary transfer to another job for a period of more than 4 months or a permanent transfer.
The further actions of the employer depend on what kind of medical certificate is issued to the employee.
20.09.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → What working conditions for a pregnant office worker must an employer provide?
Our employee brought a certificate of pregnancy, which says that she needs light work. But she works as an accountant and does not do any hard work, she spends most of her time at the computer. What working conditions does she need to ensure in order not to break the law (maybe she needs some special chair or table)?
22.08.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Extension of employment relationship with the director
According to the Charter, the director of a limited liability company has a term of office of 3 years. What to do every 3 years: terminate one employment contract and conclude a new one or sign an additional agreement to extend the employment contract for 3 years? Is it necessary to pay compensation for unused vacation when renewing an employment contract with a director? Is it possible to draw up an employment contract for an indefinite period? And what is the position taken by the courts in the development of the conflict?
Translation during parental leave
Our organization is undergoing a change in the organizational structure. One of the departments is being liquidated, it has an employee who is on parental leave. The functions of the department are transferred to other divisions (new positions are introduced). An employee is offered a job in another department, while her functionality will not change. She seems to agree to the translation (by phone). How to arrange the transfer of this employee?
25.06.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Order to terminate and.about.
Employee A is entrusted with the performance of the duties of a temporarily absent (on vacation) employee B. without being released from work specified in the employment contract (under Article 60.2 of the Labor Code of the Russian Federation). Employee B is on vacation. Is it necessary in this case to issue an order to cancel the performance of the duties of a temporarily absent employee?
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Combination for a part-time worker
Is it possible to entrust a part-time worker with additional work under Art. 60.2 of the Labor Code of the Russian Federation? Will it be legal? Will there be claims against us in the event of an inspection by the State Labor Inspectorate?
02.04.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Branch moves to another city
It is not uncommon for a branch, representative office or other separate structural subdivision of the employer to move to another locality. In this case, the employer faces the question of the admissibility of registering the transfer of an employee to another locality together with the employer.
Worker Relocation Order: Oral and Written
How to oblige employees to attend a volleyball match between branches of our company? On Saturday. We also plan trips. Can the LNA be required to participate in corporate events? State employees are somehow driven to demonstrations and rallies ... Is it really illegal?
25.01.2018
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Transfer to senior managers
The organization wants to appoint and name one of the managers in the sales department as a senior manager with a corresponding surcharge. We do not have a Senior Manager position. Is it possible to simply issue an order that such and such an employee is appointed to the position of a senior manager, and the additional payment will be for an extended amount of work?
The employee changed his mind about transferring to another job The department plans to change the work schedule. Employees agree to the new conditions. When can we switch to the new schedule? Is it necessary to wait two months? Does an employee move to a neighboring workshop with consent?
We transfer an electrician from one workshop to another. Do I need to get his consent and issue a transfer order?
22.08.2016
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Part-time work for a pregnant worker: acceptable and unacceptable options
A pregnant woman in the early stages of pregnancy constantly asks for part-time work, as she badly needs money. Requests overtime work. She insists that since it is in her interests, she will not complain anywhere. Can we meet her halfway and give her overtime? What other options can be for the design of part-time work?
03.02.2016
TRANSLATIONS. AMENDMENT OF THE EMPLOYMENT CONTRACT. ADDITIONAL WORK: → Employees were temporarily transferred to another job to deal with the consequences of an emergency for 29 days. They did not manage to eliminate the consequences of the emergency by the deadline, is it possible to extend the transfer period for another week?
a) last name, first name, patronymic, date of birth (day, month, year) - on the basis of a passport or other identity document;
b) education, profession, specialty - on the basis of documents on education, qualifications or the availability of special knowledge (when applying for a job requiring special knowledge or special training).
10. All entries about the work performed, transfer to another permanent job, qualifications, dismissal, as well as about the award made by the employer, are entered in the work book on the basis of the relevant order (instruction) of the employer no later than a week, and upon dismissal - on the day of dismissal and must exactly match the text of the order (instruction).
11. All entries in the work book are made without any abbreviations and have their own serial number within the corresponding section.
12. With each entry made in the work book about the work performed, transfer to another permanent job and dismissal, the employer is obliged to familiarize its owner against signature in his personal card, in which the entry made in the work book is repeated.
(see text in previous edition)
13. The work book is filled out in the manner approved by the Ministry of Labor and Social Protection of the Russian Federation.
(see text in previous edition)
14. Entries in the work book about the reasons for termination of the employment contract are made in strict accordance with the wording of the Labor Code
15. Upon termination of an employment contract on the grounds provided for in Article 77 of the Labor Code of the Russian Federation (with the exception of cases of termination of an employment contract at the initiative of the employer and due to circumstances beyond the control of the parties (clauses 4 and this article)), an entry is made in the work book about dismissal (termination of the employment contract) with reference to the relevant paragraph of the first part of this article.
(see text in previous edition)
16. Upon termination of the employment contract at the initiative of the employer, an entry is made in the work book about the dismissal (termination of the employment contract) with reference to the relevant paragraph of Article 81
17. Upon termination of an employment contract due to circumstances beyond the control of the parties, an entry is made in the work book on the grounds for termination of the employment contract with reference to the relevant paragraph of Article 83 of the Labor Code of the Russian Federation.
18. Upon termination of an employment contract on other grounds provided for by the Labor Code of the Russian Federation or other federal laws, an entry is made in the employment record book about the dismissal (termination of the employment contract) with reference to the relevant article, paragraph of the Labor Code of the Russian Federation or other federal law.
19. Upon termination of an employment contract with an employee convicted in accordance with a court sentence to deprivation of the right to occupy certain positions or engage in certain activities and who has not served the sentence, an entry is made in the work book on the basis, for what period and what position he is deprived of the right to occupy (what activity is deprived of the right to engage in).
20. Information about part-time work (about dismissal from this job), at the request of the employee, is entered at the place of main work in the work book on the basis of a document confirming part-time work.
21. An entry is also made in the work book at the place of work, indicating the relevant documents:
A) on the time of military service in accordance with the Federal Law "On military duty and military service", as well as on the time of service in the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for civil defense, emergency situations and elimination of consequences of natural disasters, institutions and bodies of the penitentiary system, tax police bodies, bodies for controlling the circulation of narcotic drugs and psychotropic substances and customs bodies;
(see text in previous edition)
22. Corresponding entries made in the work book of persons released from work (position) in connection with unlawful conviction or removed from office in connection with unlawful criminal prosecution, established respectively by an acquittal or a resolution (determination) on the termination of a criminal case in the absence of the events of a crime, due to the absence of corpus delicti in the act or due to the failure to prove their participation in the commission of a crime, are recognized as invalid. The employer, at the written request of the employee, issues to him a duplicate of the work book without an entry declared invalid. A duplicate of the work book is issued to the specified persons in the manner prescribed by these Rules.
In the work books of persons who have served correctional labor without deprivation of liberty, an entry is made at the place of work that the time of work during this period is not counted in the continuous length of service. The specified entry is made in the work books at the end of the actual period of serving the sentence, which is established according to the certificates of the internal affairs bodies.
